Ishwarbhai Manjibhai Patel vs Director, Agriculture And Rural ... on 7 April, 2022
11. Showing this sequence of dates and events, Mr. Jay B. Trivedi,
learned counsel for the petitioner would submit that the action
of the APMC to issue a Show Cause Notice and appoint an
Inquiry Officer by a communication dated 3.10.2020 was
without authority of law, inasmuch as once the petitioner had
been relieved After Office Hours from 15.2.2020, he no longer
was an employee of the APMC, Botad and the appointment of
the Inquiry Officer to hold an inquiry was misconceived as
there was no employer - employee relationship between the
petitioner and the APMC. It was in these circumstances that
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C/SCA/7457/2020 JUDGMENT DATED: 07/04/2022
the petitioner was entitled to be paid his gratuity, provident
fund, dearness allowance, leave encashment and salary that
were withheld. Reliance was placed by Mr. Jay B. Trivedi,
learned counsel for the petitioner on a decision in the case of
Kodarbhai Veerabhai Katara v. State of Gujarat reported in
2014(3) GLR 1902.